Methods for sending a telegram via Rostelecom. Electronic correspondence. Five ways to convince the court to accept it as evidence Prosper communication copy of the letter

Most email clients, including Gmail, Mail.ru, Microsoft Outlook, Mozilla Thunderbird, allow you to put multiple recipients in A copy(in English the abbreviation is accepted SS), or Bcc (CCB). IN Copies recipients can see other people's addresses. In the second case, the identity of additional recipients is hidden.

Adding a recipient's address

To specify the recipient(s) of the email, enter their email address in the field To whom (That):

Some email clients allow you to simply enter your username into a field, which is then automatically filled in by the program.

If you use this field to send email to multiple people, each of them will be able to see the full list of other recipients.

How to create a copy of an email

Field CC or Copy used to exchange electronic messages in a more indirect way than the field To whom. If you are not directly addressing the person in your email, but would like that person to follow the conversation in the email thread or simply be aware of the topic, the field Copy would be a great option. The addressee, who is in Copies letters, receives an unread letter in his mailbox, just like the one who was placed in the box To whom; the only difference is who you address the letter to first in the body of your email. In the professional world, mailing to Copies is used very widely and serves to keep colleagues informed about various events and topics.

You can list email recipients by simply entering a list of addresses in the field Copy, which is usually located immediately below the field To whom. Everyone in this chain of recipients will be able to see the names and email addresses of all other recipients:

How to BCC an Email

Every email client (Gmail, Outlook, Mozilla Thunderbird, Yahoo, etc.) allows the sender of an email to reach a large number of people without exposing their information to other users in the email chain. This function is called BCC or Hidden copy. You can hide recipients by entering their addresses in the field Hidden copy instead of using fields To whom And Copy:

You can use this feature for both individual and group emails. This is especially useful if you want to keep your contacts private, protect them from spam and unwanted emails, or simply if you don't want your recipients to know who received the same message.

Field Hidden copy not always available by default for all email clients. For example, in Outlook You will need to go to Options to access settings; V Thunderbird you will need to select this function from the drop-down menu; V Gmail need to press a button Copy And Hidden copy; V Windows Live Mail You will need to press the keys simultaneously Alt + B.

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However, courts are wary of electronic documents and do not always accept them as proper evidence. This article contains five ways to ensure that the court accepts email correspondence as evidence in a case.

QUESTION ON THE TOPIC
In what form is electronic correspondence submitted to the arbitration court?
There are no special requirements established by law. However, due to the fact that all evidence must be attached to the case (Articles 64, 75 of the Arbitration Procedure Code of the Russian Federation), we can conclude that electronic correspondence must be submitted on paper (determination of the Supreme Arbitration Court of the Russian Federation dated April 23, 2010 No. VAS-4481/10 ).

Preliminary measures to give e-mail the force of evidence

Electronic correspondence is a type of written evidence (clause 3 of article 75 of the Arbitration Procedure Code of the Russian Federation). At the same time, the Arbitration Procedural Code states that electronic messages can be classified as written evidence in the manner determined by law, agreement or the Supreme Arbitration Court (clause 3 of Article 75 of the Arbitration Procedure Code of the Russian Federation as amended by Federal Law dated July 27, 2010 No. 228-FZ ). Therefore, the parties can individualize their electronic communications in advance so that they later become admissible evidence in the case. There are two ways to do this.

Method one: giving the correspondence legal force in the contract. Considering that counterparties have the right to determine the procedure for presenting written evidence independently (clause 3 of Article 75 of the Arbitration Procedure Code of the Russian Federation), they can give evidentiary force to electronic correspondence in advance.

To do this, they need to write down the appropriate condition in the contract (conclude an additional agreement) indicating the email addresses that will be used by the parties and those persons who will carry out such correspondence on behalf of the company.

In addition, as judicial practice shows, it would not be superfluous to indicate exactly what legal actions the parties agreed to carry out through electronic correspondence. In one of the disputes, a party to the case referred to the fact that in the questionnaire accompanying the agreement, the parties agreed on the use of e-mail indicating the address of the counterparty where documents should be sent. However, the arbitration court emphasized its position that “the email address was designated by the parties for work correspondence, and not for transferring the results of work” (resolution of the Federal Arbitration Court of the Moscow District dated January 12, 2009 No. KG-A40/12090-08).

Without indication in the contract of contact persons, email addresses and issues that the parties can agree on in this manner, the court most likely will not recognize electronic correspondence as admissible evidence in the case (resolution of the Federal Arbitration Court of the Moscow District dated 02.27.10 No. KG-A41/531 -10). Judicial practice with the opposite position of the courts is extremely insignificant (resolution of the Federal Arbitration Court of the Ural District dated June 28, 2010 No. F09-4726/10-S3).

Method two: using an electronic digital signature. An electronic digital signature (hereinafter referred to as EDS) is equivalent to a handwritten signature in a document on paper (Clause 1, Article 1 of the Federal Law of January 10, 2002 No. 1-FZ “On Electronic Digital Signature”). Of course, its use is one of the most reliable ways to identify electronic messages.

If a company submits to the court an email that is signed with the digital signature of the other party, then it will not be necessary to establish the fact of sending and the authenticity of the email. But here it is important not to miss one detail: in the event of a dispute, the court may require the submission of a document that confirms the fact of agreement with the counterparty on the use of digital signature (resolution of the Federal Arbitration Court of the North-Western District dated 03.03.09 No. F-04-1207/2009(1502-A46 -eleven)).

QUESTION ON THE TOPIC
What to do if the plaintiff did not save the correspondence, and the counterparty deleted it on his computer?
A party may ask the court, in order to secure evidence, to request archived copies of electronic messages from the company that provides technical support for the mail server.

Proving in court using electronic correspondence

Documents received via e-mail are appropriate evidence and are subject to a comprehensive full assessment based on the totality of evidence, which is not contradicted by the information contained in the electronic correspondence of the parties (resolution of the Federal Arbitration Court of the Moscow District dated February 17, 2010 No. KG-A40/14784-09 ). The company will simply need to prove the authenticity and reliability of these letters. Here are some ways.

Method three: determining email details. As stated in Article 75 of the Arbitration Procedural Code, written evidence includes documents that allow us to establish the authenticity of the document, that is, that it was signed by the proper person, correctly reflects the date and place of preparation, the addressee and other necessary information. In one of the cases, the court determined the data that was needed to confirm the accuracy of the information. These included: email addresses of the recipient and sender, information about the time and date the email was sent, and the mail server from which the email was sent. Due to the lack of this data, the arbitration court did not accept printouts of electronic correspondence presented by the company as evidence (resolution of the Federal Arbitration Court of the North Caucasus District dated July 7, 2008 No. F08-3751/2008).

Method four: conducting an examination. The authenticity of electronic evidence can be established by a forensic examination. To do this, you will need to find an organization that conducts computer technical expertise. You can turn to experts without waiting for a trial, or petition the court to conduct an examination (clause 1 of Article 82 of the Arbitration Procedure Code of the Russian Federation). Then the court will appoint an expert who will draw up an opinion and determine whether the correspondence really came from the parties to the case, establish its real content, time of departure and other data. The courts accept the expert report as evidence (resolution of the Federal Arbitration Court of the Moscow District dated January 20, 2010 No. KG-A40/14271-09).

Method five: drawing up a notarial protocol. One of the reliable ways to legalize electronic evidence is to draw up a notarial protocol. Companies have been using this method more and more recently. According to the law, notaries have the right to inspect written and material evidence (Articles 102, 103 of the Fundamentals of Legislation on Notaries dated 02/11/93 No. 4462-I, hereinafter referred to as the Fundamentals). The company can provide the notary with access to the computer and mail server on which the correspondence is located. The notary will check the authenticity of the correspondence, determine whether it really came from the parties to the case, and draw up a protocol that will give the electronic correspondence the form necessary for judicial evidence. The emails themselves must be printed and filed with the protocol. Such a protocol will be proof that, on a certain date, the email data actually contained email messages received from certain addresses. It is important to remember here that a notary will be able to draw up such a protocol only before the start of proceedings in court (Article 102 of the Fundamentals).

Tamara Vorotyntseva – development director of the training company “BUSINESS PARTNER” (Moscow). Practicing business coach, author of the book “Building a Personnel Training System” and publications in business publications in Russia, Kazakhstan and Ukraine. Creator of the Internet newsletter: “E-mail correspondence in business” on the subscribe.ru server! The book is a practical guide for business people who actively correspond with clients and partners. It presents tools that will help make electronic communication effective, optimal in time and results, and most compliant with the norms and rules accepted in the modern business community. The author gives practical advice, illustrates his observations with real-life cases, and provides reasoned conclusions. The text of the book is rich in recognizable examples of real business correspondence. The author shares his observations, techniques, and “tricks” that can significantly affect the effectiveness and efficiency of a business email. If you are a business person and it is important for you to write promptly, concisely, competently, in accordance with the rules of good business manners, this book will become your reliable assistant.

Book:

When working with the fields “To” (“To”), “Cc” (“CC”), “Bcc” (“Bcc”), remember that this is an important part of the email that affects the further actions of the participants in the correspondence.

“To whom” (“That”). This field contains the address of the recipient to whom the letter and the information contained in it are directly addressed. The author of the letter is waiting for a response from the main recipient. If two recipients are placed in this field, then the author of the letter is waiting for a response from each or some of them (keep this in mind if your name is on the list of recipients). At the same time (if you are the sender), keep in mind that it is not very advisable to include more than one addressee in the “To” (“To”) field. A letter sent to several recipients may not receive a single response, since each will think that the other will answer.

If the letter is addressed to you, but contains copies of other recipients, be sure to use the “Reply ALL” button when replying! This will allow you to maintain the circle of recipients that the initiator of the correspondence designated.

“Copy” (“Cs”). IN In this field, place the addresses of recipients who, in your opinion, should be aware of correspondence on this issue. These recipients receive information only “for your information.” The CC recipient usually does not have to respond to the letter, but can do so if necessary.

NOTE. IT IS IMPORTANT!

If your name is in the “Cc” (“CC”) field, then when entering into correspondence, remember that there are situations when it is extremely important to be polite. Use the phrases: “Let me join the discussion,” or “Let me join your dialogue,” or “Let me express my opinion.”

"Blind carbon copy" ("Bcc"). This field is prohibited for use in some companies, as it is a tool that contradicts ethical standards of communication. The purpose of this field is to invite the recipient to become a “secret witness.”

If your business practice is to use this field in your work, consider the following. The BCC recipient remains invisible to the primary recipient and the BCC recipients. Sometimes it is useful for the sender and the “secret recipient” to have a preliminary agreement (or subsequent awareness) about the reason and purpose of this method of information.

NOTE. IT IS IMPORTANT!

The “hidden” recipient should absolutely not enter into correspondence from this field.